Parole
Generally speaking, a person in prison who has served the minimum term of their sentence becomes eligible for release on parole (Corrections Act s 74). People need to apply for parole. Their situation can be reviewed before they have served the minimum term of their sentence.
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The Corrections Act established the Victorian Adult Parole Board (APB) and its composition, functions, powers and its decision-making principles. The APB has additional functions that are outlined in the Children, Youth and Families Act 2005 (Vic) and in the Sentencing Act.
The APB does not have a case management function. This means that the APB is not responsible for preparing people in prison for parole or for supervising and managing them while they are on parole. The APB also does not have an investigative function. Rather, the APB is a decision-making body that relies on information provided to it (mostly by Corrections Victoria) to make decisions in accordance with its statutory authority.
The APB has very broad discretionary powers to grant parole or not, and to determine what parole conditions to apply. Section 73A of the Corrections Act requires the APB to have ‘safety and protection of the community’ as the ‘paramount’ consideration in deciding any question related to parole.
The Corrections Act (s 83A) provides for a range of mandatory terms and conditions that apply to any parole order. The APB also has the power to impose other discretionary terms and conditions to the parole order (s 83B). The Corrections Regulations (reg 112) set out the 10 mandatory terms and conditions of parole orders and regulation 114 sets out the discretionary terms and conditions. Importantly, the APB can change the conditions on Parole Orders at any time, depending on the reports provided by parole officers.
The APB has a Serious Violent Offender or Sex Offender Division (SVOSO Division). The SVOSO Division determines the eligibility of sex offenders and serious violent offenders for parole. Note that not all sex and violent offences are included. Section 3 of the Corrections Act and schedule 1 of the Serious Offenders Act 2018 (Vic) provide definitions of sex offender and serious violent offender for parole purposes.
The SVOSO Division may only grant parole to a person convicted of a sex offence or serious violent offence if another division of the APB has recommended the person be granted parole. The SVOSO Division may refuse to grant parole even if this recommendation has been made. This provides a further ‘check and balance’ on parole decision-making to ensure that high-risk offenders are not released prematurely (which is consistent with the priority given to public safety).
In exercising its functions, the APB is not bound by the rules of ‘natural justice’.
Legal representatives do not have standing to appear on behalf of people in prison before the APB.
A person dissatisfied by a decision of the APB may challenge the decision via judicial review in limited circumstances.
Parole
Chapter: 3.8: Imprisonment and the rights of people in prison
Contributor: Amity Mara, Manager – Policy, Advocacy and Projects Fitzroy Legal Service and Monique Hurley, Associate Legal Director, Human Rights Law Centre
Current as of: 1 September 2024
Law Handbook Page: 200
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